Korean Patent Application

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Release time:2016-05-12

The Republic of Korea is a member of the World Trade Organization, the Paris Convention, the Patent Cooperation Treaty, and the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure. The Korean Industrial Property Office (KIPO) is an agency under the Ministry of Trade, Industry and Energy of Korea. It is mainly responsible for the protection of industrial property rights such as patents, utility models, designs, trademarks, semiconductor integrated circuit layout designs, trade secrets and anti-unfair competition.

 

1.Korean PatentType and review system

Korean PatentThe main types include: invention, utility model, design patent.

 

1.Korean Invention Patent

The invention patent system has the following characteristics: the principle of first application; the principle of early disclosure; the principle of request for examination; the system of objection after authorization.
-- Application and disclosure: After the applicant submits the application, the form shall be examined first, and the examination shall be automatically published within 18 months from the date of application or priority date or made public within 18 months from the date of application according to the applicant's request.
-Request for substantive examination: The applicant must submit a request for substantive examination within 5 years from the filing date (or international filing date). If the applicant fails to file a request for substantive examination within the above-mentioned time limit, the patent application will be deemed to be withdrawn.
-- Response to review opinions: It takes about 18 to 24 months from the submission of the request for substantive review to the receipt of the notice of the first review opinion. The applicant must respond within two months from the date of receipt of the notice. The applicant may submit a request for an extension of one month at a time, with no limit on the number of extensions.
-- Patent registration procedures: if no reason for rejection is found after examination, a notice of authorization is issued. The applicant shall complete the patent registration procedures within three months from the date of receiving the notice and pay the registration fee and the annual fee for the previous three years.
-- Post-authorization objection system: After the applicant pays the fee, the Industrial Property Office will publish it in the Patent Registration Gazette, and the objection period will be within 3 months from the date of publication. After the dispute period, the examiner makes a decision. If the applicant is not satisfied with the final rejection decision of the examiner, he may appeal to the industrial property law court within 30 days after receiving the notice. The lawsuit against the decision of the industrial property law court shall be heard by the patent court. If he is not satisfied with the decision of the patent court, he shall finally appeal to the Supreme Court.
-Duration of protection: 20 years from the date of filing (or international filing date). With regard to pesticides or pharmaceuticals, the protection can be extended under certain conditions, up to 5 years.

 

2.Korean Utility Model:

The Korean utility model patent refers to a new technical solution suitable for practical use for the shape, structure or combination of the product.
Korean utility model patents start from the date of registration to "10 years from the date of application. Using the registration system, the certificate can be issued about 3-6 months after applying to the Korean government.
Term of protection: 10 years from the date of filing (or international filing date)

 

3. Korean design patent

Design patents are divided into the examination registration system and the non-examination registration system for the design of some specific items in parallel.
Review of the registered design: a preliminary review (formal review) of the design application, and then make a registration authorization decision, pay the registration fee, the grant of patent rights.

Non-censored registered designs are only applicable to B1 (clothing),C1 (bed sheets, floor mats, curtains), F3 (office paper, printed matter), F4 (wrapping paper, packaging containers) M1 (textiles, etc.), starting from January 1, 2008, processed foods (manufactured foods) and table luxuries (table) two popular and highly imitated design applications will be formally included in the scope of non-trial.
In the non-substantive examination system, it takes about four months from application to authorization, and you can also enjoy the treatment of new application procedures such as multiple applications, that is, designs within 20 of the same items in a large category are allowed to be filed in the form of one design patent application, that is, plural design patent applications.
Term of protection: 15 years from the date of registration.

 

2. Korea invention and utility model patent application channels and required documents:

1. Paris Convention Approach:
After filing in China, it shall be submitted to the Korean Industrial Property Office before the expiration of 12 months from the date of the first prior patent application (I. e. the priority date).patent application, can enjoy priority treatment, need to submit priority documents.

Documents and information required for application:
1) Application documents: including description, claims, description drawings, abstract, abstract drawings;
2) Application information: Chinese and English name/name, address and zip code of the applicant and inventor, application country, contact person, etc;
3) If priority is claimed, the notice of acceptance of the earlier application and the priority supporting documents of the earlier application are also required (the priority supporting documents can be submitted at the same time as the application or within 16 months from the priority date).

Patent Cooperation Treaty (PCT Patent Applications):
PCTpatent applicationIt is an acronym for the Patent Cooperation Treaty, an international treaty on patent applications. According to the PCTpatent applicationAccording to the regulations, the applicant can submit an international application through PCT and designate to apply for a patent in almost all countries in the world, I .e. submit a PCT international application to the State Intellectual Property Office of China within 12 months from the application date (priority date) of the previous application in China, and submit an entry application to the KIPO Office within 30 months from the priority date.

Documents required for application:
1) The original application documents submitted and the PCT request or the published PCT application booklet;
2) international search report;
3) amended claims (if any) made in accordance with Article 19 of the Patent Cooperation Treaty;
(4) The international preliminary examination report, the application documents (if any) amended in accordance with Article 34 of the Patent Cooperation Treaty.
Applicants are generally required to confirm their application to the KIPO Office 2-3 months in advance and entrust an agency to initiate translation and document preparation.

 

Documents required for 3. Korean appearance patent application:

Including the Paris Convention route and direct application to South Korea.
Paris Convention pathway: after application in China, in the firstpatent applicationAppearance to the Korean Industrial Property Office on the same topic before the expiration of 6 months from the date of priority (I. e. priority date)patent applicationWhen you can enjoy the treatment of priority, you need to submit priority documents.

Materials to be prepared and information to be provided:
(1) Application information: Chinese and English name/name, address and zip code of the applicant and inventor, application country, contact person, etc;
(2) Design pictures or photos: The applicant should submit a three-dimensional view (unfolded view) and a six-sided view (I. e., front view, rear view, left view, right view, top view and bottom view). The size ratio of the six-sided view must be consistent. Reference views can be submitted if necessary.
(3) Brief description of appearance design;
(4) If priority is claimed, the notice of acceptance of the earlier application and the priority certification documents of the earlier application must also be provided (the priority certification documents can be submitted at the same time as the application or within 9 months from the priority date).